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KING v. COOK

No. 45209.

211 So.2d 517 (1968)

Lawrence KING v. Tom D. COOK, Superintendent of Mississippi State Penitentiary.

Supreme Court of Mississippi.

June 10, 1968.

Attorney(s) appearing for the Case

W.D. Kendall, Jackson, for appellant.

Joe T. Patterson, Atty. Gen., by Guy N. Rogers, and G. Garland Lyell, Jr., Asst. Attys. Gen., Jackson, for appellee.

ETHRIDGE, Chief Justice:

At the April 1960 term of the Circuit Court of Montgomery County, Mississippi, Lawrence King, appellant, was indicted for murder. Venue was changed to Lauderdale County, and in August 1960 the case was tried, but the jury being unable to agree upon a verdict, a mistrial was declared. In September 1960 the case was brought to trial again and a jury was selected, but before the taking of testimony began, King, upon advice of counsel, withdrew...

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